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PC PacketCITY OF CUPERTINO AGENDA Tuesday, February 9, 2016 10350 Torre Avenue, Council Chamber PLANNING COMMISSION 6:45 PM SALUTE TO THE FLAG ROLL CALL APPROVAL OF MINUTES 1.Subject: Draft Minutes of December 8, 2015 Recommended Action: approve or modify the Draft Minutes of December 8, 2015 Draft Minutes of December 8, 2015 WRITTEN COMMUNICATIONS POSTPONEMENTS/REMOVAL FROM CALENDAR ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. CONSENT CALENDAR PUBLIC HEARING 2.Subject: Use Permit for a separate bar at a proposed restaurant located in the Ninteen800 (formerly Rosebowl) Mixed Use Development. (Application No .(s): U-2015-10; Applicant: Alex Miramar (Doppio Zero Pizzeria); Location: 10088 N. Wolfe Road, #120; APN: 316-20-108) Recommended Action: Staff recommends that the Planning Commission approve the Use Permit (U-2015-10) to allow the operation of the separate bar in accordance with the draft resolution Page 1 CITY OF CUPERTINO February 9, 2016Planning Commission AGENDA Staff Report 1 - Draft Resolution 2 - Plan Set 3 - Business Description 3.Consider an appeal of Two-Story Permit (R-2015-38) to allow the construction of a new 2,775 square foot single-family residence. (Application No. R-2015-38; Applicant: Mike Chen (Patel Residence); Appellant: Biren Shah; Location: 18780 Tilson Avenue; APN: 375-17-036) Recommended Action: Deny the appeal and uphold the Community Development Director’s decision to approve the project per the draft resolution Staff Report 1 - Draft Resolution 2 - Plan Set 3 - Two-Story Permit Action Letter 4 - Appellant's Letter 5 - Comment Letter OLD BUSINESS NEW BUSINESS REPORT OF THE PLANNING COMMISSION Environmental Review Committee Housing Commission Mayor’s Monthly Meeting with Commissioners Economic Development Committee Meeting REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT 4.Subject: Director's Report Recommended Action: accept report Director's Report ADJOURNMENT Page 2 CITY OF CUPERTINO February 9, 2016Planning Commission AGENDA If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next Planning Commission meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the meeting to arrange for assistance. Upon request, in advance, by a person with a disability, Planning Commission meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, during normal business hours and in Planning packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the Planning Commission concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to address the Planning Commission on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Please note that Planning Commission policy is to allow an applicant and groups to speak for 10 minutes and individuals to speak for 3 minutes. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 3 CITY OF CUPERTINO CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CITY OF CUPERTINO PLANNING COMMISSION MEETING DRAFT MINUTES 6:45 P.M. DECEMBER 8, 2015 TUESDAY CITY COUNCIL CHAMBERS The regular Planning Commission meeting of December 8, 2015, was called to order at 6:45 p.m. in the Cupertino Council Chambers, 10350 Torre Avenue, Cupertino, CA. byChairperson Winnie Lee. SALUTE TO THE FLAG . ROLL CALL Commissioners Present: Chairperson:Winnie Lee Vice Chairperson:Alan Takahashi Commissioner:Don Sun Commissioner: Geoff Paulsen Commissioner: Margaret Gong Staff Present: Principal Planner: Piu Ghosh Associate Planner: Kaitie Meador Associate Planner: Tiffany Brown Consulting Attorney: Valerie Armento 1.APPROVAL OF MINUTES: Minutes of the November 24, 2015 Planning Commission meeting: Motion:Motion by Com. Gong, second by Vice Chair Takahashi, and unanimously carried 4-0-1(Com. Sun abstain), to approve the minutesof the November 24, 2015 Planning Commission meeting as presented. WRITTEN COMMUNICATIONS: None POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: None CONSENT CALENDAR: None PUBLIC HEARING: 2.U-2015-08, ASA-2015-25, Use Permit for a separate full service bar and late hours of 19379 Stevens Creek Blvd. operation, and Architectural and Site Approval to allow (Alexander’sSteakhouse)enhancements to the exterior patio dining area for the Cupertino Planning Commission December 8, 20152 Owner: Main Street restaurant. Cupertino Aggregator LLC Tiffany Brown, Associate Planner, presented the staff report: Reviewed the application for a Use Permit for a separate full servicebar and hours of operations at a restaurant located within the Main Street Cupertino development, and Architecturaland Site Approval to allow enhancements to the exterior patio dining area for therestaurant, as outlined in the staff report. She reviewed the project site and surroundings,operationaldetails, architectural and site approval, parking, proximity to residential use and security. The City’s Public Works Department, Building Division, Santa Clara County Fire Department, Cupertino Sanitary District, and Cal Water have reviewed the project and have no objections. The Use Permit is categorically exempt from CEQA guidelines because the proposed use occurs within the city limits and is surrounded by existing urban uses. Staffrecommends approval of the project since the project and conditions of approval address all concerns related to the proposed development and all of the findings for approval of the proposed project, consistent with Chapter 19.168 of the Cupertino Municipal Code, may be made. Staff answered questions about the application. Marc Diamalanta, Applicant: Presented a visual presentation of a walkthroughof the restaurantincluding the dining area, bar area, patio area, special amenities. He also discussed the addition of the patisserie. Com. Paulsen: Congratulated Mr. Diamalanta on his career with Alexander’s and said he felt it would be a wonderful place for people to gather. Chair Lee opened the public hearing. Jennifer Griffin, Rancho Rinconada resident: Said Alexander’s move from Vallco was Vallco’s loss and Main Street’s gain. She was pleased that Alexander’s was moving to Main Street and said she considered it equivalent to a four star restaurant. She asked for comment on where the Target store was going to be located; and that consideration be given to serving lunch on Monday and Sunday since it was a prime retail area. She asked how parking and entrance and exits were being handled. She reiterated that she was happy Alexander’s was staying and encouraged the high end establishments in Cupertino. Com. Gong: Said she felt the newer small location was a factor of what is available; the separate bar is consistent with the current location; the extended hours are commensurate with the other businesses in Main Street. Said she supported the project and also supported lunch service for Monday and Sunday. Com. Sun: Supported the project; not too many questions to challenge the application. No negative impacts for residents. Com. Paulsen: Question about hours since issue of Sunday lunch was brought up. If Commission approves tonight, will the hours be set; and willthe applicant be able to change hours just by working with the property manager? Cupertino Planning Commission December 8, 20153 Staff: Theway the use permit is written up, it doesn’t preclude them from opening on any of the other days; it isjustpart of what they told us; it sets the outside limit that they can serve customers to 1:00a.m. at the outside and employees can stay until 2:00a.m. It doesn’t preclude themfrom being open at other normal business hours. Com. Paulsen: If these restaurants were open untillater to compete with the Donut Wheel is that something they would have to come back to the Commission for, or is that a staff decision? Staff: If any of the outside hours, the 1:00a.m is granted daily, but if they change it beyond the 1:00a.m. then they would have to go to the Planning Commission. Chair Lee: Said she supported the application for the late hours for the patio enhancement as well as the separate bar facility. Vice Chair Takahashi: Said everyone is in agreement and excited about the project; a lot of carewastakenin the architecture and layout; it is a great addition and/or we are not losing something we already have as well, said he felt it was a significant positive. MOTION:Motion by Com. Cong, second by Com. Paulsen, and unanimously carried 5-0-0, to adopt resolutions with amendments Use Permit U-U-2015-08 for a separate full service bar and late hours of operation ancillary to the restaurant as well as Architecturaland site approval ASA-2015-25 to allow enhancements to the exterior patio for the existing buildingShop 4 within Cupertino Project, 3.U-2015-09, ASA-2015-26, Use Permit for separate bar, extended hours of operationand live Marc Diamalanta (Steins entertainment at a proposed restaurantlocatedin the Ninteen800 Beer Garden) Owner:(formerly Rosebowl) Mixed UseDevelopment and Architectural Property Developer and site Approval to allow exterior patio modifications in conjunction I, LLC with the approved restaurant 10088 No. Wolfe Rd, #130 KaitieMeador, Assistant Planner, presented the staff report: Reviewed the application for a Use Permit for a separate bar, extended hours of operations and live entertainment at a proposed restaurant located in the former Rosebowl, Mixed Use Development and Architectural and Site Approval to allow exterior patio modifications in conjunction with the proposed restaurant, as outlined in the attached staff report. She reviewed the project site, surrounded primarily by commercial and office uses including Vallco Mall and the Main Street project. There is a residential mixed use complex directly to the south and the nearest single family residential home is 830 feet away. The restaurant is a sit-down restaurant offering lunch and dinner, including ancillary live entertainment and music. The existing parking has a surplus of 203 spaces. The County Sheriff’s Department has reviewed the plans and does not foresee any negative impacts. The project is Categorically Exempt from CEQA as it is an existing facility with minor changes. Staff recommends that the Planning Commission approve the draft resolutions for the Use Permit and Architectural and Site Approval. Cupertino Planning Commission December 8, 20154 Com. Paulsen: Referredto parklets, where cars used to park. If the restaurant wanted to expand the outdoor eating area into the part of Wolfe Road that is occupiedby auto traffic now,could they do soor would that be something theywould workwith Public Works on? Kaitie Meador: Said she was not aware of any onstreet parkingon WolfeRd., perhaps on Vallco Parkway. If it did occur, it would have to go through both Parks and Recreation and Public Works; it would be improvement within the public right of way. City Attorney: Said that City Council may also consider a park-like ordinance. Kaitie Meador: Said no comments have been received from residents; thereis one other restaurant with separate bar facilities approved. The applicant is limiting the hours for outdoor entertainment to 9 p.m. Dining outside only, no bar outside. Change in hours of operation would require re-noticing. Marc Diamalanta, Architect: Acknowledged that he was also the architect on the Beer Garden project as well as Alexander’s. He described the layout of the restaurant which included 30 beer taps and an excellent menu. He noted that the proposed restaurant was similar to the Mountain View one, but a little more industrial and rustic. He provided a background of the operation and said he was excited to capture the energy of the community for the Cupertinolocation. Ted Kim, Co-owner of Stein’s Beer Garden: Described the layout of the facility, said the restaurant was active in the community, and they were eager to promote special events. He said they were mindful of residents who may live upstairs of the establishment. In Mtn. View the residents were opposed to the restaurant before it was built, but they have not had any complaints in the three years they have been operating. The neighbors even have held special events at the restaurant. Chair Lee: Explained that if the owners wanted to consider asking to extend the operating hours to be more in line with neighboring businesses, the item could be continued so that public notice could be given of the proposed change in hours, so that they could return with such a request. The owner stated he would be interested, but would submit a new application for change in operating hours. Mr. Kim: Said they would be interested in holding special events in Cupertino especially an Octoberfest; very interested in being part of the community. Com. Paulsen: Said he would be willing to work with the restaurant people and Public Works on a proposal to take over some of the asphalt in the street and devote to more outdoor dining. Chair Lee opened the public hearing. JenniferGriffin, Rancho Rinconada resident: Cupertino Planning Commission December 8, 20155 Said she was opposed to the ash trees on the corner being removedand not in favor of any reductions of lanes on Wolfe Road.Wolfe Road is being negatively affected with the many changes going on; Vallco is dismantling itself and going into implosion mode; a new restaurant with outdoor dining will be an asset but she did not want to see any infringement into the double row of ash treesas it is public right of way. Businesses on Wolfe Road shouldnot be open until 1:00 a.m. Said they needed to be cognizant of the traffic, people should not be wandering out in the road. It is a good location for the restaurant,but she felt it was not wise to be open pastmidnight, as there are tenants above the business paying high rents. Said she welcomed Stein’s, but didn’t want the ash trees removed or Wolfe Road reduced further as it was already difficult for residents on the east side to get anywhere. Chair Lee closed the public hearing. Com. Paulsen: Said he felt the 20% outdoor seating requirement in the seating ordinance was unreasonable for California, and asked the reason behind the ordinance and what would be involved in eliminating it. It wouldn’t haveto be necessarily a loud outdoor area but just a larger outdoor area that would be permitted. City Attorney: Said it would requirea municipal code amendment; there are also issues with proximity to residential in a mixed use environment especially in connection with an entertainment use; there are many factors that would need to be considered in an ordinance amendment. The requirement is limited to 20% without a conditional use permit; however with a conditional use permit you could go 100% outdoor seating; the conditional use permit allowsthe city to place conditions on the operations which include security concerns, noise concerns, any other concerns that the city might seeand that’s the reason why they have the process. Anyone is welcome to apply; they just have to go throughthe process and making sure they comply with all the conditions that are imposed; it is just the way of the city managing expectations from the public as well interms of how the operationswill be conducted. Com Paulsen: Asked what the additionalburden was to the restaurant owner in terms of fees and time delays for the conditional usepermit. Kaitie Meador: It is the processing time for any permit; it does require routing to different agencies, in this case the Sheriff’s Dept. all the other departmentsthat review the building and there are fees associatedwith it; cost recovery of the staff time that is expendedand actual review of the project; it’s not just the Planning Dept., it’s all the other departments which include Building, Public Works, and Fire, etc. City Attorney: Said that it would be appropriate to have further discussion on the issue of changing the ordinance to allow for more flexibility at another meeting. Com. Sun: Said he felt the operating hours for Main Street could beextended to 1:00a.m. butdid not want to convey the wrong impressionthat the other one would be the same to the 1:00 a.m. closing. Said he was personally concerned about the second and third floor residents and the noise control issue; He said they try to reach a balance and want the business to prosper, but also want to address theconcerns of the nearby residents. Said he supported both applications. Cupertino Planning Commission December 8, 20157 Com. Gong: Said she felt it was wise to maintain the midnight closing time to demonstrate theirintention to be a good neighbor. Said that she felt the space is well suited for the business and welcomed it to Cupertino. Com. Paulsen: Said he shared the previous commentsand felt the project would be a great addition to Cupertino. Said he was ambivalent about the hours; whatever works for business and certainly no business is going to want to purposely continue to be a bad neighbor; it is up to the applicant whether he wants to come back with a request for later hours or more spaces. He said he would work offline to encourage more outdoor dining because of the beautiful climate. Vice Chair Takahashi: Said everyone sees the benefits of theproject and thesuccess already in place in Mountain View and bringing it to Cupertino is definitely a win for the city. Relative to the hours he said he was not as concerned with a 1:00a.m. closing. Relative to potential concerns about noise and residents, as a resident there, given it is a new developmentand generally a mixed use place such as this will have a lot of activity and a resident should expect that. Given the rent you would make that choice and therefore he didn’t believe there would be a future conflict. The area of thecity is turning into an active night life area; for now there may be asituation that when you close at 12:00everyone will go to where it closes at 1:00a.m. The outdoors are enjoyable; when there is an option to be outside on a nice night, it is difficultto beat. Said he supported the project. Chair Lee: Said she shared her colleagues’ concernsand was hopeful that patrons of the restaurant wouldbe respectful of the residents. Said she supported the application relative to the hoursof operation, live entertainment,andoutdoor patio. Motion: Motion by Com. Gong, second by Vice Chair Takahashi, and unanimously carried 5-0-0 to approve U-2015-09 and ASA-2015-26. OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE PLANNING COMMISSION Environmental Review Committee: No meeting. Housing Commission: No meeting. Economic Development Committee Meeting: No meeting. Mayor’s Monthly Meeting With Commissioners: No meeting. Cupertino Planning Commission December 8, 20158 REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Piu Ghosh: Reported on the Water Efficiency Landscape Ordinance: The state recently updated its model efficiency ordinance; Cupertino has to look at what amendments they may have to make to the local ordinance adopted that they believe is just as efficient as the state’s model ordinance, and are in the process of identifying what changes they may need to make or coming up with a recommendation they should default to the state’s model efficiency ordinance. They had to adopt an ordinance by December 1st; because of the tight timelines given by the state they were not able to do that; they have to default to the state’s ordinanceat this time. Theyare looking to bring back the ordinance for City Council consideration by the end of Feb.early March. City Counciladopted General Plan Amendment authorization procedures and the Council will be looking at projects twice a year for projects that propose General Plan amendments; at this point deadline for applications was November 16th; the City reviewed2 applications; one from the Oaks and one from Goodyear Tire Site for a hotel. The application materials are online at www.cupertino.org/GPAauthorization. It is anticipated that the two applications will be submitted to City Council on February 2nd. ADJOURNMENT: The meeting was adjourned to the January 12, 2016 Planning Commission meeting at 6:45 p.m. Respectfully Submitted: ____________________________________ Elizabeth Ellis, Recording Secretary PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date:February 9, 2016 SUBJECT Use Permitfor a separate bar at a proposed restaurant located in the Ninteen800 (formerly Rosebowl) Mixed Use Development. (Application No.(s): U-2015-10; Applicant: Alex Miramar (Doppio Zero Pizzeria); Location: 10088 N. Wolfe Road, #120; APN: 316-20-108) RECOMMENDATION: Staff recommends that the Planning Commissionapprovethe UsePermit (U-2015-10) to allow the operation of the separate bar in accordance with the draft resolution. PROJECT DATA: General Plan Designation:Commercial/Residential Zoning Designation:P(CG, OP, Res) Special Area:South Vallco Park Gateway within the Heart of the City Special Area Commercial Building Area:45,004 square feet Restaurant Area:2,841 square feet Number of Employees:12 Parking Spaces Required:33 (see parking discussion for details) Available:33 Hours of Operation: Sunday –Saturday 11am –11pm Project Consistency with: General Plan:Yes Zoning:Yes Environmental Assessment: Categorically Exempt DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 U-2015-10 Doppio Zero Pizzeria February9, 2016 BACKGROUND: Previous City Approvals The City Council approved the Nineteen800 Mixed Use Developmentin October 2004 (Permit No.s: U-2004-10, ASA-2005-03, and TM-2006-08).Constructionon the development was completed in October 2015 and several tenantsare currentlyinoperation. Existing Center and Surroundings The project site is located within the South Vallco ParkGateway within the Heart of the CitySpecial Area, on the south-east corner of N.Wolfe Road and Vallco Parkway. To the west of the site is Vallco Mall, former Searsand Bay Club; future Main Street project to the east; Vallco Mall/JC Penneyand office buildings to the north; and a residential mixed use development(Metropolitan) and an office complex to the south. The nearest single-family residential property is approximately 830feet away from the site. Application Request The applicant, Alex Miramar, representing Doppio Zero, is requesting a Use Permit to incorporate a separate bar within the restaurant. The General Commercial (CG) Ordinance requires that the Planning Commission review and approve requests for separate bar facilities. DISCUSSION: OperationalDetails Doppio Zerois a sit-down restaurant that offers lunch and dinner options to customers. The proposed floor plan includes a separate bar areaintegrated within the restaurant.The proposed hours of operation are 11:00am to 11:00pmdaily. The applicant proposes to have 70table seats, 8 bar seats and a maximum of 12employees per shift. See attachment 3for the business plan provided by the applicant. Proximity to Residential Use The new restaurant will be located in the South Vallco Park Gateway within the Heart of the City Special Area which is envisioned to serve as a gathering place that supports the creation of a Main Street style environment with a downtown feel. The vision for the area and project site encourages regional commercial offices and an entertainment center with daytime and nighttime entertainment activities, with supportive residential development. The closest single-family residential property is located approximately 830 feet to the west and a residential mixed use development is located directly to the south. The residential portion of the project has separate pedestrian and parking entrances from the retail portion of the project and the applicant has adequate measures incorporated into the operations to ensure that there is adequate buffering from the residencesand residentsabove, including installation of an odorabatement system. Therefore, the project is not anticipated to impact the residential units within the project nor the nearby residential neighborhoods. U-2015-10 Doppio Zero Pizzeria February9, 2016 Security The Santa Clara County Sheriff’s office has reviewed the projectincluding the restaurant’s proposed security planand does not foresee any security concerns or negative impacts to the surrounding neighborhood. A condition of approval has been added to require the property owner to address security concerns, to the satisfaction of the City,in the event that they arise and pay for additional Sheriff’s enforcement time if required. Parking The project wide parking supply was reviewed and approved by the City Council in October 2004. The following table summarizes the parking provided for the Nineteen800 development, including the proposed restaurant: Required Parking Ratio Parking Required Existing Food Uses within development 1 space/4 seats + 1 space/employee + 1 space/3 seats (bar) 120.45 Vacant Commercial Areas (33,848sq. ft.) 1 space/250 sq. ft. 135.39 Doppio Zero Pizzeria: 70 indoor seats 1 space/4 seats 17.5 8 bar seats 1 space/3 seats 2.67 12 employees/shift 1 space/employee 12 Doppio Zero Pizzeria Total:32.17 Total Parking Required:320.18 Total Parking Provided:475 Total Parking Surplus:154.82 Other Department/Agency Review The City’s Public Works Department, Building Division, and the Santa Clara County Fire Departmenthave reviewed the project and have no objectionsto the proposed plans. ENVIRONMENTAL ASSESSMENT The use permit is categorically exempt from the California Environmental Quality Act (CEQA) per section 15301(Existing Facilities) of the CEQA Guidelinesbecause the proposed use occurs within an existing facility and minor alterations will be made within an urban, developed environment. U-2015-10 Doppio Zero Pizzeria February9, 2016 PUBLIC NOTICING & OUTREACH The following table is a brief summary of the noticing done for this project: Notice of Public Hearing, Site Notice & Legal Ad Agenda Site Signage (14 days prior to the hearing) Legal ad placed in newspaper (at least 10 days prior to the hearing) Notices mailed to property owners adjacent to the project site (300 foot)(10 days prior to the hearing) Posted on the City's official notice bulletin board (five daysprior to the hearing) Postedon the City of Cupertino’s Web site (five daysprior to the hearing) PERMIT STREAMLINING ACT This project is subject to the Permit Streamlining Act (Government Code Section 65920 –65964). The City has complied with the deadlines found in the Permit Streamlining Act. Project Received: December 7, 2015 Deemed Incomplete:January 7, 2016 Deemed Complete:January 19, 2016 Since this project is Categorically Exempt, the City has 60 days (until April 9, 2016) to make a decision on the project. ThePlanning Commission’s decision on this project is final unless appealed within 14 calendar days of the decision. CONCLUSION Staff recommends approval of the project since the project and conditions of approval address all concerns related to the proposed developmentand all of the findings for approval of the proposed project, consistent with Chapter 19.168 of the Cupertino Municipal Code, may be made. Prepared by: Kaitie Meador, Assistant Planner Reviewedand Approvedby: /s/Piu Ghosh Piu Ghosh Principal Planner ATTACHMENTS: 1 –DraftResolution for U-2015-10 2–Plan Set 3–Business Description U-2015-10 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMITTO ALLOW A SEPERATEBARAT A PROPOSED RESTAURANTLOCATED IN A MIXED USE DEVELOPMENTAT 10088 N WOLFE ROAD SECTION I: PROJECT DESCRIPTION Application No.:U-2015-10 Applicant:Alex Miramar(Doppio Zero Pizzeria) Location:10088 N. Wolfe Road#120 SECTION II: FINDINGSFOR DEVELOPMENTPERMIT: WHEREAS, the Planning Commission of the City of Cupertino received an application for a Conditional UsePermitas described in Section I.of this Resolution; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the application; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA); and WHEREAS, the applicant has met the burden of proofrequired to support said application; and WHEREAS, the Planning Commission finds as follows with regard to this application: 1.The proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; The proposed location of the restaurantislocated within the South Vallco Park Gateway within the Heart of the City SpecialArea which encourages daytime and nighttime entertainment activities. Additionally, the closestsingle-family residential propertyis located approximately 830 feet from the proposed restaurant. To further mitigate impacts the applicant shall incorporate adequate measures into the operations to ensure that there is adequate bufferingfrom residences including installation of an odor abatement system. Adequate security measures are incorporated into the proposed project. Therefore, the proposed use will not be detrimental to the public health, safety,and welfare. 2.The proposed use will be located and conducted in a manner in accord with the Cupertino Comprehensive General Plan and the purpose of this title. Draft Resolution U-2015-10 February 9, 2016 The conditions of approval of the project ensure that the proposed restaurant use will be conducted in a manner in accord with the City’s General Plan and Municipal Code.The restaurant proposes to operate in a Zoning District that allows this use and will remain open between 11:00 a.m. and 11:00 p.m. Therefore, additional review for late night operations is not required at this time. Adequate parking is beingprovided for the proposed use. Outdoor seating is not proposed at this time. NOW, THEREFORE, BE IT RESOLVED: That after careful consideration ofthe maps, facts, exhibits, testimony and otherevidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2thereof: The application for a Use Permit, Application no. U-2015-10is herebyrecommended for approval andthat the subconclusions upon which the findings and conditions specified in this resolution are based and contained in the Public Hearing record concerning Application no. U-2015-10as set forth in the Minutes of Planning Commission Meeting of February 9, 2016, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT 1.APPROVED EXHIBITS Approval recommendation is based on the plan set received Janurary 12, 2016consisting of 3 sheets, labeledA-0, A-1, and A-2entitled, “Doppio Zero Pizzeria, 10088 N. Wolfe Road, Suite 120, Cupertino” drawn by Miramar Design; except as may be amended by conditions in this resolution. 2.ACCURACY OF PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 3.ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the first page of the building plans. 4.EXPIRATION If the use for which this conditional use permit is granted and utilized has ceased or has been suspended for twoyear or more, this permit shall be deemed expired and a new use permit application must be applied for and obtained. 5.OPERATIONS a.The restaurant shall be operated within the area delineated on the site plan exhibit. Draft Resolution U-2015-10 February 9, 2016 b.The allowed hours of operation are 11:00am to 11:00pmdaily. Including employeecleanup hours. c.Changes to the bar/restaurantoperations determined to be minor shall be reviewed and approved by the Director of Community Development. 6.OUTDOOR SEATING & PATIO AREA No outdoor patio area or seating is approved as part of this application. Additional review and approval will be require by the Director of Commnetiy Development prior to installation of outdoor patio areas or seating. All patio areas and seating shall be consistent with the General Commerical Ordinance and the Nineteen800 Retail Design Guidelines. 7.MODIFICATION OF RESTURANT OPERATIONS The Director of Community Development is empowered to makeor allowadjustments to the operation of the restaurantto address any documented problem or nuisance situation that may occuror changes proposed by the restaurant operator that are determined to be minor. 8.REVOCATION OF USE PERMIT The Director may initiate proceedings for revocation of the Use Permit in any case where, in the judgment of the Director: a.Substantial evidence indicates that the conditions of the conditional use permit have not been implemented, or b.Complaints are received related to the tenantunder this use permit, and the complaints are not immediately addressed by the property management and/or the tenant, or c.Where the permit is being conducted in a manner detrimental to the public health, safety, and welfare, in accord with the requirements of the municipal code. 9.LAW ENFORMENT SUPPORT The property owner shall address security concerns in the event that they arise to the satisfaction of the City. The property owner shall pay for any additional Sheriff enforcement time resulting from documented incidents in the development at the City’s contracted hourly rate with the Sheriff Department at the time of the incident. The City reserves the right to require additional security patrols and/or other measures as prescribed by the Sheriff’s Office or Code Enforcement. 10.BUSINESS LICENSE The business ownershall obtain a City of Cupertino business licenseprior to building permit issuance. 11.STOREFRONT WINDOWDETAILS The storefront windows shall be kept open and transparent to the greatest extent possible. The final floorplan, storefront design and window display shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. Draft Resolution U-2015-10 February 9, 2016 12.SIGNAGE Signage is not approved withthis use permit application. Signage shall conform to the City Sign Code. 13.RESTAURANT ODOR ABATEMENT Applicant shall installanodor abatement system to reduce odor impacts from the restaurant to the adjacent community. The odor abatement system shall be installed prior to final occupancy. Detailed plans shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 14.MECHANICAL AND OTHER EQUIPMENT SCREENING To the extent possible, unless demonstrated otherwise, to the satisfaction of the Director of Community Development, all mechanical and other equipment shall be placed in areas not visible from the public street areas. In the event that it is not possible to locate such equipment away from the public street areas, all mechanical and other equipment on the building or on the site shall be screened so they are not visible from public street areas or adjoining developments. Screening materials/colors shall match building features and materials. The height of the screening shall be taller than the height of the mechanical equipment that it is designed to screen. The location of equipment and necessary screening shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 15.CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 16.INDEMNIFICATION Except as otherwise prohibitedby law, the applicant shall indemnify and hold harmless the City, its City Council,andits officers, employees and agents (collectively,the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party againstone or more of theindemnified partiesor one or more of the indemnified partiesand the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (withoutlimitation) reimbursing the City its actualattorneys’ fees and costs incurred in defense of the litigation. Theapplicant shall paysuch attorneys’ fees and costswithin 30 daysfollowingreceipt of invoices from City. Suchattorneys’ fees and costsshall include amountspaid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 17.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are Draft Resolution U-2015-10 February 9, 2016 hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. SECTION IV: CEQA REVIEW The project was determined to be categorically exempt in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seqper Section 15301 (Existing Facilities) of the CEQA Guidelines because it relates to interior improvements to an existing facility in a development, urban environment. PASSED AND ADOPTED this 9thday ofFebruary,2016,Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: Piu Ghosh Winnie Lee Principal Planner Chair, Planning Commission PLANNING COMMISSION STAFF REPORT Agenda Item No. Agenda Date:February 9, 2016 SUBJECT: Consider an appeal of Two-Story Permit (R-2015-38) to allowthe construction of a new 2,775square foot single-family residence.(ApplicationNo. R-2015-38; Applicant: Mike Chen (Patel Residence); Appellant: Biren Shah; Location:18780 Tilson Avenue; APN: 375- 17-036) RECOMMENDATION: Staff recommends that the Planning Commissiondeny the appeal and uphold the Community Development Director’sdecision to approve the projectin accordance with the draft resolution(Attachment 1). PROJECT DATA: General Plan designation Low Density (1-6 DU/Ac.) Zoning designation R1-5 Environmental review Categorically Exemptfrom CEQA Net lot area 6,169square feet Project consistency with: General Plan Yes Zoning Yes Allowed Proposed Lot coverage 3,084 square feet (45%+ 5% for eaves/roof overhangs and covered patios) 2,735 square feet (44.33%) FAR 2,776square feet (45%)2,775 square feet (44.98%) Height 28’ 24’ –8” Setbacks:First Floor Second Floor First Floor Second Floor Side 5’& 5’Combined 25’5’ & 5’15’& 15’ Front 20’25’20’–8”26’–4” Rear 20’25’34’–9”46’–3” OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org R-2015-38 Appeal of a Two-Story Permit February 9, 2016 BACKGROUND: On September 24, 2015, the applicant, Mike Chen,applied for a Two-Story Permitto allow a new 2,775square foot single-family residence located at 18780 Tilson Avenue(see Attachment 2). The project property is located inthe R1-5zoning district thatpermits two- story homes with a maximum Floor Area Ratio (FAR) of 45%,up to 28 feet in height. The applicant is not proposing to have any outdoor sheds etc., which would increase the FAR beyond 45%. The project is consistent with all aspects of the Single-Family Residential (R1) Ordinance and other pertinent City ordinances. In addition, the project is not subject to design review since the proposed second floor is less than 66% of the square footage of the first floor and provides at least15-footside yard setbacks on the second floor. During the public review period, Biren Shah, theproperty ownerto thesouthof the proposedproject, expressed concerns aboutprivacy impacts from two windows proposed on the rear of the house.After considering the neighbor’s concerns, the applicant offered to reduce the size of one of the windowsand raised the sill height of that window to 5 feet to minimize privacy impacts. The project was approved by the Community Development Director on December 17, 2015 with the reduced size and the higher window sill(see Attachment 3).The last day to appeal the project wasDecember 31, 2015.However, this date was extended toJanuary 6, 2016 due to the City Hall closure from December 24, 2015 through January 3, 2016. Biren Shah, the property owner to the southappealed the approvalof the Two Story Permiton January6, 2016(see Attachment 4). DISCUSSION: Basis of the Appeal The appellant'sbasis of appeal issummarized below. Where appropriate, staff'sresponses are in italics. 1.“There are two large windows on the second floor as mentioned on South Elevation. These two windows are so large that it will put my entire family room and living rooms and my family at risk from privacy point of view. For 2nd story windows on the south facing side, please make the master bedroom window size of 4ft x 4ft or 4ft x 4ft 6in.” One of the principal purposes of the R1 Ordinance is to ensure a reasonable level of privacy to individual residential parcels. This is achieved by having developments adhere to a set of specific development parameters incorporated in the R1 Ordinance such as requiring larger second story setbacks(25 feet)than first story setbacks(20 feet whichmay be reduced to 10 feet under some circumstances) andrequiring privacy planting if the windowsmeet any of the following criteria: R-2015-38 Appeal of a Two-Story Permit February 9, 2016 Have a sill heightbelow five feet sill height or Are not obscure, non-openable Do not have permanent exterior louvers up to a height of five feet above the second floor Are not non-operable and obscure up to a height of five feet above the second floor. The intent of the privacy protection planting requirement is to plant trees and/or shrubs that would provide substantial screening within three years of planting. The second floorsetback of the proposed project is 46 feet 3 inches from the rearproperty line where the allowed rear setback is 25 feet. The applicant is also planting adequate privacy planting trees in conformance with the R1 ordinance. The proposed project conforms to all aspects of the R1 Ordinance. Additionally, the bedroomwindows must meetsthe requirements of the building code for egress. The maximum sill height may not be more than 44inchesfrom the floorand must have minimum opening requirements-both of which the proposed window complies with. 2.“There are two large windows on the second floor as mentioned on South Elevation. Please make the master bathroom window 6ft from finished floor with maximum length 3ft with obscured glass.” Additionally, prior to project approval, the applicant considered the concerns raised fromthe neighbors during comment period and voluntarily elected to reducethe size of the bathroom window from five feet by four feetwith a sill heightof four feetto five feetby two feet ten inches and raised the sill height to five feet to address the appellant’s concerns.As previously mentioned, the R1 Ordinance exempts privacy screening to be planted for windows with a sill height above five feet.A condition of approval requires the applicant to modify the privacy planting plan, subject to review and approval of staff, prior to issuance of building permits in order to ensure that the privacy protection requirements are met or he has the option of increasing the sill height of the window in order to not have to plant privacy trees and/or shrubs for thiswindow.This change in the size of the window continues to comply with the R1 ordinance. 3.“Please move bathroom window to west elevation.” This request was also discussed during the comment period for the Two Story permit between the appellant and the property owner.By re-locating a window, the proposed project would potentially create new impacts for the neighbor to the west. Any changes to the location of windows would require a separate permit (likely a Director’s Minor Modification)with additional re-noticing and comment period. However, the applicant decided not to make changes in order to ensure new privacy concerns were not generated dueto the relocation of a window to an elevation which is setback only 15 feet from the property line. R-2015-38 Appeal of a Two-Story Permit February 9, 2016 4.“My entire family room and kitchen windows are facing the proposed two story house. I do not want my neighbor to see all day and all night into my family room and kitchen from their second story windows. It’s a huge privacy issue and risk. I’m not sure trees wouldprovide necessary cover.” The proposed project adheres to the requirements for privacy plantings. Additionally, the proposed windows are located 46feet3inchesfrom the rear property line and approximately 70 feetfrom the closestbuilding wall lineof the appellant’s property. In addition,as previously indicated,privacy plantings will be planted in the rear yard for all windows with a sill height 5 feet and under. ENVIRONMENTAL ASSESSMENT The project is categorically exempt from the California Environmental Quality Act (CEQA) per section 15303(New construction or conversion of small structures) of the CEQA Guidelines. PUBLIC NOTICING & OUTREACH The following table is a brief summary of the noticing done for this project: Notice of Public Hearing, Site Signage & Legal Ad Agenda 9public hearing notices mailed to property owners adjacent to the project site (10 days prior to the hearing) Legal ad placed in newspaper (at least 10 days prior to the hearing) Site Signage (placed on site prior to initial noticing for the Two Story Permit and remains on site) Posted on the City's official notice bulletin board (one week prior to the hearing) Posted on the City of Cupertino’s Web site (one week prior to the hearing) Prior to staff report publication, staff also received an email from an adjacent neighbor who also raised concerns about the two windows on the rear elevation and the assertion that they signeda privacy planting waiver without being provided information about the second story windows (see Attachment 5). This address was included in the notification about the proposedtwo story home with the Two-Story Permit application (including a site plan and elevation drawings) and the subsequent appeal. PERMIT STREAMLINING ACT The appeal is subject to the Permit Streamlining Act (Government Code Section 65920 – 65964). The City has complied with the deadlines found in the Permit Streamlining Act. ProjectReceived: September 24, 2015 Deemed Complete: October 7, 2015 R-2015-38 Appeal of a Two-Story Permit February 9, 2016 The Planning Commission’s decision on this project is final unless appealed within 14 days of the decision. CONCLUSION Since the proposed project complies with all aspects of the R1 Ordinance, staff recommends that the Planning Commission deny the appeal and uphold the Community Development Director's decision to approve the Two-Story Permit. Prepared by: Sarah Filipe, Assistant Planner Reviewed by:Approved by: /s/Piu Ghosh /s/Aarti Shrivastava Piu Ghosh Aarti Shrivastava Principal Planner Community Development Director ATTACHMENTS: 1 -Draft Resolution 2–Plan Set 3 –Two-Story Permit (R-2015-38) action letter dated December 17, 2015 4-Appellant’s letter 5- R-2015-38 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 DRAFT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO DENYING AN APPEAL AND UPHOLDING THE DIRECTOR OF COMMUNITY DEVELOPMENT’S DECISION TO ALLOWTHE CONSTRUCTION OF A NEW 2,775 SQAURE FOOT SINGLE FAMILY RESIDENCEAT 18780 TILSON AVENUE SECTION I: PROJECT DESCRIPTION Application No.:R-2015-38 Applicant:Mike Chen (Patel Residence) Appellant:Biren Shah, 18781 Barnhart Ave. Location:18780 Tilson Ave. (APN 375-17-036) SECTION II: FINDINGSFOR A TWO STORY PERMIT: WHEREAS, the City of Cupertino received an application for a Two-Story Permit as described in Section I of this Resolution; WHEREAS, the necessary notices were given and the comment period forthe application was provided as required by the Procedural Ordinance of the City of Cupertino; WHEREAS, the City was able to make the findings required under Section 19.28.140B and the application was approved with conditions on December 17, 2015; and WHEREAS, the notice of decision was mailed to the appropriate parties notifying them about the possibility of appealing a project; and WHEREAS, the Planning Commission of the City of Cupertino received an appeal for the Community Development Director’s approval of theTwo-Story Permit; and WHEREAS, the necessary public notices have been given as required by the Procedural Ordinanceof the City of Cupertino, and the Planning Commission has held at least one public hearing in regard to the appeal; and Draft Resolution R-2015-38 February 9, 2016 WHEREAS, the appellant has not met the burden of proof required to support said appeal; and WHEREAS, the project is determined to be categorically exempt from the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds as follows with regard to this application: a)The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinance and the purposes of this title. The project is consistent with the regulations and intent of the Cupertino General Plan and Single-Family Residential (R1) Ordinance. The project complies with all established and required setbacks, privacy protection planting requirements and other Municipal Code requirements. In addition, The proposed development meets all prescriptive development requirements of the Parking, Landscape, and Fence ordinances; and the two-story non- discretionary permit procedural requirementsin the R1 ordinance. b)The granting of the permit will not result in a condition that is detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. The granting of the permit will not result in a condition that is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as the projects is located within the R1-5 (Single Family Residential) zoning district, and will be compatible with the surrounding uses of the neighborhood.The purpose of the R1 ordinance is to provide light, air and a reasonable level of privacy to individual residential parcels, ensure a reasonable level of compatibility in scale of structures within the neighborhood and reinforce the predominantly low-intensity setting in the communitythrough prescriptive requirements incorporated in the R1 ordinance. The neighborhood is in transition and there is healthy mix of single story and two story homes making the proposed project compatible with the neighborhood. c)The proposed project is harmoniousin scale and design with the general neighborhood. The proposed project is located in a residential area consisting of single family homeswith a mix of single story and two story homes. The proposed project maintains the single family home scale found compatible with the general neighborhood. d)Adverse visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse impacts on adjoining properties have been reasonably mitigated through the privacy protection plantings and installation of a front-yard tree as required. Draft Resolution R-2015-38 February 9, 2016 NOW, THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this matter, subject to the conditions which are enumerated in this Resolution beginning on PAGE 2thereof,the appeal of an application for a Two-Story Permit, Application no. R-2015-38is herebydenied and the Director of Community Development’s approval of the Two-Story Permit is upheld;and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application no.R-2015-38as set forth in the Minutes of Planning Commission Meeting ofFebruary 9, 2016, and are incorporated by reference as though fully set forth herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1.APPROVED PROJECT This approval is based on a plan set entitled, “Patel Residence, 18780 Tilson Ave., Cupertino, Ca. 95014”consisting of sixsheets labeled “A-1.0 to A-4.0 and C.0 (a Topographic Survey Map)” except as may be amended by conditions in this resolution. 2.ANNOTATION OF THE CONDITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the buildingplans. 3.ACCURACY OF THE PROJECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 4.PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, planting distance shall be consistent with the City’s requirements. 5.PRIVACY PROTECTION COVENANT The property owner shall record a covenant on this property to inform future property owners of the privacy protection measures and tree protection requirements consistent with the R-1 Ordinance, for all windows with views into neighboring yards and a sill Draft Resolution R-2015-38 February 9, 2016 height that is 5 feet or less from the second story finished floor.The precise language will be subject to approval by the Director of Community Development.Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. 6.LANDSCAPE PROJECT SUBMITTAL: The applicant shall submit a full landscape project submittal, per sections 490.1, 492.1, and 492.3 of the Department of Water Resources Model Water Efficient Landscape Ordinance, for projects with landscape area more than 500 square feet;the applicant shall submit either a full landscape project submittal or submit the Prescriptive Compliance Checklist per Appendix D of theDepartment of Water Resources Model Water Efficient Landscape Ordinance for projects with landscape area more than 500 square feet and less than 2,500 square feet. The Landscape Documentation Package or Prescriptive Compliance Checklist shall be reviewed and approved to the satisfaction of the Director of Community Development prior to issuance of building permits. 7.CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consultwith other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentation of any submitted data may invalidate an approval by the Community Development Department. 8.EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits.The final building exterior plan shall closely resemble the details shown on the original approved plans.Any exterior changes determined to be substantial by the Director of Community Development shall require a minor modification approval with neighborhood input. 9.INDEMNIFICATION Except as otherwise prohibitedby law, the applicant shall indemnify and hold harmless the City, its City Council,andits officers, employees and agents (collectively,the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party againstone or more of theindemnified partiesor one or more of the indemnified partiesand the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actualattorneys’ fees and costs incurred in defense of the litigation. Theapplicant shall paysuch attorneys’ fees and costswithin 30 daysfollowingreceipt of invoices from City. Suchattorneys’ fees and costsshall include Draft Resolution R-2015-38 February 9, 2016 amountspaid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 10.NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions.Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun.If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. PASSED AND ADOPTED this9th dayofFebruary, 2016, Regular Meeting of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSTAIN:COMMISSIONERS: ABSENT:COMMISSIONERS: ATTEST:APPROVED: ______ Piu Ghosh Winnie Lee PrincipalPlanner Chair, Planning Commission v JUN.22/'15 Jw.DE cN aEVRw 4- u Ma io t 5 2+1' x FIO'T) d' Ssp./)t 15 v Y • Y • r • 1 • • • • • Y r W • • Y ' • • r r 1 A • • r • ' r r • • •, v • a . • r . . r. N,TMJ I.AYI N,r`i•.%*` • Z 1 i 4Q sf +s . . . y . . . . . r--".T ...._... y.,. . . . .. . . n y k r . . . i. . . . p/,//.p.y/. . . . yI ry iY Z R/Vf VR f1P'1\ ' • ' TVV PATE RESIDENCE Z . ,- . . +. . . • jM. ._,. ` .. . . Y i. y; ,:•r,Jy,.,. '• 4 r`.. o : i, ':i i 1.f :j• t 7 a: , ,J . y;r L' .f.'a' •,.J) r..>' ,''t,N• m 'v` ;,, i.« ;}: 0 O L.O o y. ,+,' ` t. I 4 3' p C G O 1 Oo Q g 0 l 4 x,. . 9 X :.: v `' N J t J j2—0/,5`—,3 3__z N , Q i' .,; •.c W N V N Ys : a o ' a .-. r, !t Zlia W i` R . _ ._...__. _ =_._ _ _....._..,... y g a Q f.,, F ; f _-- t 5'........... v ' o Q A z ziO N o i'n`'; J `: N N „a v, @ e.... ..., .... y.).a,..,,e . o =::, 2nd Fioor sY f j Q U Y Q P7 , U Q E N w x s o 3 1 St\v a Z ,r, Fioor 1. Q ^ n w POIICMDRAWINGINDEXPROJECTDATA. 0. APN 375-17-036 18780 TILSON AVE. 1, LOT SIZE: 6,169 SF A-1.0 SITE/LANDSCAPE PLAN 2. ZONING: R1-5, (2ND FLOOR SET BACK: 15ft MIN.) A-1.1 DEMOLITION PLAN 3. CONSTRUCTION TYPE: V-8(W/ FlRE SPRiNKLER) 3A-2.0 FLOOR PLANS W A-3.0 ELEVATIONS OCCUPANCY GROUP: R-3/U ppIVACYSCR[ENINOMATERIFu,$ Z 4. BLDG COOES: 2013 California Residential Codse A-4.0 SECTIONS&ROOF pLAN g,p qREq; ST 2ND FL. AREA: 883 SF A a,,, „'1 l,a,b C-0.0 SURVAY MAP 472 SF B MMN nanra e.A psesk 30 a 5 e c.NnaNn v m.-rorn naa zaxs ,a o uaawmsPaYe m.na.. wa o s e L CYMI IIIO'anCemP.C/Il rx 3D' 00 20' MYW MeMa 70 7b /4 K S C 0 P E 0 F W 0 R K S• O NpnMl e a Mwe•MNyn Mqdb a PORCH 34+388): 422 SF E ilr mWmun gze s ql M 2N OeM mmum sN mnn a e,gn pN'Aw h/n 1 '+ x Qi 1 ST FL. 24" EAVE AREA 421 SF W S l.EX.BU I LA I NG S AND I MPRO VEM E N T TO REM V E(UND ER S EPA RA T E g• 2 N 0 L. T S T Fl-. A R E P R AT I O: A 8''C 4 6.g 7 Z n m E' 0 10 ` i;+ ++++wC,aiun 167o e i 4 i + t t N a PERMI'I').7 LOT COVERAG • 2,735(B+C+E+F 6 189 44.337 D^^^^m°°°^.^ , ° 8 nFlp ++ ++ V d- 8: FAR; 2,775 / 6 169 44.987G s5""DeN1""'.'" ° " ° r ream r c,...nrw av ma +v2.PROP O S ED A NEW SING LE F ANIIL Y DWELL I N G W/ATT A C HED G A RA GE, o r n,°,u,s„u m-.,w,w a a a +o P A 9. FRONT YARD IMPERVIOUS AREA RATIO: W+ "a 'o PERv1 US) ;; ' t`'+ +++ +++ W ' 0 35.617i (SEE FRONT YARD CALS) ti' TM mlNTum d,ru vze M 0 16 Yvion m mun ma n.r c s r,q irp M9m. i + + i + + y + 10.EX. HOUSE (1078 SF') c GARAGE(27S SF (1952 BUiI t++ .` 60, 0pyrpncmemouiyumeyoeseprdeopwdeyu» 4 t } t ervious Surface Notes: VI I 1 VVIt7l'K11. Jh!'Q T.Q Qf IQ q mpprwe a anerp Tenles biYlf on I e N y++ i + R ,P HEiMUMawvicem.eoaeenMaLrascaoenrwYaw qme'e,eme pK aw u C, w V g 9 L a s e„n..vab.e'c+v m aYr am,,tirw.re X. 0 nagnt sptid{ena 9rcw J TM/a ptlPwiaenPuttlpMl lta3 M dce r D red to iristall one of more of t}le followui d ei measures; THE DEAOUNE FOR,THE SUBMISSION OF PUBUC COMMENTS v a p e un ff Z N all detached f Te fa o homee hiCh C'eate or re lece z,5oo ef or more ot tous surface N ELEC. COPY OF THE PtANS IS AVAlLABLE BY REQUEST. F+ g `@ SHALL BE TWO WEEKS AFTER THE DATE OF THE NOTiCE W b. Dired roof runoff intp tistems or reln barrels for reuse; PD p ,. 28 20. C C. Dir ct ruru ff fromlldewalks,wallcways,and/or patios cmto vegetatrd areas; y1 1801, DESCRiPT10N d. DireCt runoff from driveways attd/or uncovered parking lote onto vegetdted areas. F.Gjw»'„ e• Constntd sidewalks,walkways and/or parioe with pern eable 6urfac s TURF AREA P r•"""` Q,,, w P.wtrric ae p O t,ands ape and s te work noce: VINICITY MAP Puwrnrc nRen SpN Pv a °° V1, The property owner shall recotd a covenant on the property for the new and existing ptivacy trees and the required e& front yard tree. 2,Following completion of construction,an af'adavit from an GRAVEL(oN COMPAG7ED 9qL) SITE LANDSCAPE PLAN vr•• sISA-certified arborist shall be provided confirming that the PAVINp AREA(PERVIOUS) new trces have been planted properly and according to plan, 9 .. 1 1 L and that the existing trees to remain are in good health. 2'X2'X2' CONC. STONE(Spi11 PERVI ) r::, 3, A planning Division nspection s required to verify extenor N materisl/finishes,trees,lattdseaping and site work. b J:.,,.,,,,M.,r,, CpNC. PAVINO NOTES: Mc OTiNai'"" 1. Qdqreen d dclist hdl be d d as a part of eon tructi dpcuments.AS No1 D n n,,,n, 2. Prlor to (s uance of b P it, the lond cape 1NetK-Effici ncy Checkilft in Appe dix A Of Chr tK 14.15 wtp need t0 be filled out• n,qeOfAV w a w.o.••.•s a...r s .. ..s 3. l,a ding In ide yord shall Ot exceed 1S' abow the finiah qrode. Q „, ,,,,,r . . w 4. Prlor to rance of flnal occuponcy. th property ow er aho11 record a a eo ant hatrictinp the futur nclosur pf porCh, O yd 1uqpN Av m R Q p """"' """' • " " th Okector of Community Developm nt moy waive th• iront y ord tree bas d on a rport 0 ,,,„, „ ,, irom on int rnationa ly-c t(iled orborist citN Q conAiet wfth exlstik q matur tree canoptes r . Oonit or in th public riqht-of-way. a N.87'39'S3"W. r.''. . 50.30' z uo./s2/,s o'' d`g` 13-9" ai.o ar w x o''a 4 G °' ' ,,o• 23'-3" s o•/>>/'sIG,k 9 d1+ 4 G •} p'h' 1 10, i oti oti' •------- 20'-3" ih Q' 9 p'1'' 1 1. .1l, i 0 i i o Q' t7' 8; 322 sf 1 a' ro1 i p 4 Cy O r,+.`r`r`.•r`r`r`•r•.•r•r•r,,+,. N r . . . + . .. . . . . . . • . . . .JAWZZI , s r • • • • • v • Y • r 1 k , N O r/ SY I i _q'" ti°°v 1 Go.. v, A• NATURAL LAWN••• 6i ,11 FG'Sp M r •' r . • • • • r . .ti o ,, ti' 1 42 sf. . . . . . F, 32'-» 2. . . .. . . . . u . C'J v • . v r . . • . . r . . • . . • . . • . • • . • r . r • • • • • • • . • • . • • .i O W • v • • • • r . • • + • • • I v • • • • • • . • k 0-9• a LANDSCAPE AREA CALS: I oti' 12'-3" I i Hi, o ti• SECTION AREA z ,o o A 1242 Q z o ZND FLOOR AREA CALCULATION: e 1 ST FLOOR AREA CALCULATION. LAVI V AREA 242 s.F.C ; 1878 ON AVENUE 1 8=1 -0 1/8=1 0 N p Q i FF= 103.50 ry 8 32Z a w k P i`'` '' .:._.. ..-_: •...:----. FLOOR PLAN AREA CALCULATION• i C 1fi8 Q < o d''r N G Ex9 e '!'l.6? 3XL V W 4 6 e SECTION DIMENSIONS AREA pr o x 4 a f i n ti,Q d t ' l / '/A 13.76X4.0 E 1 x : o p" ,.. , G P....R....w_._._ 83 55.73 c.: Q W 9`1 • ' y ry f"` ;r, x f 1 8 0 o, a : 1 d( 8 20.35 39.5 Sp0.14 40 C e a f- O 90,.o r,._a.-..,......__,o......_.,..r„ C 10.75X2.2s 28.46 CO o . t •. o p.. o•,',., o W Z N o 6 r7 2nd FLOOR AREA 883 S.F, N PLANTING AREA 804 S.F. o ' N 6 Z 0 1SX23.33 350 TOTAL LANDSCAPE AREA Z o o Fo 4 ory E 17Xt 2 203.88 v . •ec' .. ' I, Y G 4 ,,.,,,F?., awro.. -.,,_ F o'+ `5 o'`• h c'` r ,; 1: f 3°t,;; n 23.25X33.083 769.08 G 1 p kJ; 4 i a r J (>r,J Sii.1 I i Y'S A f l w i -i 1 l ' G• , p • " • C+p'• z d 1•4 G i! r'., i wh Ilt A f1. 1 5u V o o. o .. ' .. ,. o' w , ,,; 32.?5X16.S 540.12F i lf ' r i! iM . ;t f J t AREA = 6 169 SQ.FT. I k r , kti I i 1,;i F.`4 f'I 1 Z.ZsX2.17 28.55 6 G.. t: y 1'?,4',d c5 F+ 6 I. f t': j y* ,. ; 1st fL00R AREA l,892 S.F.V eo . , e oo 1,;; I •_ 1.1. 1 i'F 4.KDIh t.wtrlrr`• r r: " D '•' ':. , o`' , i' 4( t TOTAL FLOOR AREA Q,775 S.F. I y' k' +• . ' oo R` 26p o1- ' r f y oo d 7 f,, v I •.•• .. . '! ;,+ 24'TREE ' ,1. V O t + + t A• .-. •. a Y r,e I' D• . rI ww ww V:'T fYNf FRONT YARD PA G GALS. Oa + a + . K M1O 120N Front Yard Area• 4= f + + + + A o.... utw.'" a s.3 x 2 s . •f q AR7if1C1AL LA 14 + + M-iJt + + O ' ' q0. 1,Atw m ry oa,wa a,oyendon.wna aor.h.q ren w,u a,d m.lman,Ar e.ch d t t + + O ` w.S1ElPIi9W11/NUCtIQI/IIQArtMYG11'O MIl/'j Paver(per ) sa:d+wh..oiralrlArmxal riwa(lhsutMi InxKeuna(CiCLlwY4 aneeMpraathRnlneatwuetimnalvqy.Thai7t'liie bWa Ck.3DYep WV Ar i + i i i + i i iII11E/IN dYtl}eNfO(IAODUIt11141MIPId11 l11CI111Y1,SGwI1b(W IINIWLufulRftlW} 415'2.7t14+9.5+29+59+2.s rj42 t + ; ; a + a a O W M Z,AII paecahe(Ml1 ba in plsa prior to aa rewiwm+rM ntr+Y Ma work wd rwiwln phor u ul attaAu oontruWon rotlN[9 m Ae I f 26 a t cQ' •---''' TREE FENCE W b°^°^'"°" Impervious are: 0 sf t + ` + R, Prwocbw Gn mn tw«.a a b)nwt 7 c airy vnibMy wr/M.n a.c vee palennn.p Mtcd m a c faroo rvRY 4()i M 8-4 rwtMiwch r aweocprlyvrswwwkyq rw wka aeauwna0u4r ofrnwKy-ors(ulteM,sr Paving ratlo at Front Yard:8 j r h)Aall iMd`Tne I 1+1 '-i v rnkcaw.n;Kaoax'. I 0/ 1 060 Q'64,tl snw s.h pawaierawbwlfwed yrid,y mbeixrull d wln i ulawlfa k diriNv ul'draiMruaia. 2.a• i G).r,...-• W 3.tn WwYm Ioro pn loctoA ra tat da ra tlw MnniaOtMorcR M Y endoa owMuc'we al tl a io y be M da of 4+c akuWiun aqpprna l cY oQ a wtivlq.tlrc od trNolm Q waeaunqoe ll ptoloet Illc IIa w1Yi l'i4"hm Eor Noiobd w IMw n a Mw bY n q t M MK dtau IM Irs Th iMwt it Y rnqci f4 trridt nf IM u ir nwinu w cwaiu conun l hryc coo ctbn N IeY+poac i Q 1j M,.,.6.MYn I 10.«r No aw.rto w pwwawa a!n.w I.k iwadc/!or r i aaiwrratloe or vWe mrn4lr ccux 4Wl dao q aa+wiae a r M drw litr u I M pl ud'll Mhf II N IIMd 0 IF OfiIfHl fUlll l Dq((M''(MM CNA M. I IY w 7. i CIar N-vuldr» 7tandc,hdxdny.uteYou IMrN ncr,ysl n.dL ahaw,npw1. Otol:542 N v r.Wipnee Mn d D(ciape iarrtA llbeckmeAanba cawnlw Lt s ca ynr iMYtt ds Ayoil Yd ot dbwYd b A6M iN0 tlN otiUtll roal LIY a(1 qatabA bbG Q.% 4'1 • OMTraAaMwi.n b cMwa, wuseN iwun.hu1 eo nc Maa o ry pdoGed meedpr,wirM a oh p oihcr Orr tlwc M w 9.Vddmlor 7Y A{r.hi wliarYr r64r aorCuutlnn ryuipaal u flk w prkiry 11 Mke p4oe wi M n ihs aitk l mr x»d x y pmlaAed 2 O I r". y~ C n.e ulkv h.oe er;Mi,c wnia wwiw» 9.5 efDemo(i t i o n n • ' • 1 D Na Mrvr yu.M isprdie D p 1p NW tu auctti trwMu,t d Iw MI k4ara wu v ur.iW Ipr u qu,a wqea caupra ww v 0 mxl haMtr,dwll bv dlaMod Ui1d LAe hp law uf xY IRuIaWJ 4w w anY aM ualu au O"1/8=1 -0 i.c.a caw s:N.w.w aui n.r...,,r,m i w tcne.i..r.w o n.t r.a+d.,, Notes:t. all. improvement dt bldg shall be removed. b q w dwdw e+b.n Mllwotr. 1 z,M,owvwui tir:r+u iiq.r pMl4 cmenw a alw impwr w»Mwwly drq I pMal wfYMn M Ilniu oCIM wnfa t roa xaw a/ 4 L AN AP ntroctor/ owner shall ep ly a eeporate demo. permit P,„„,y yy y.d Yy Uwpuhha ru I DSC E AREA CALS o1/P 1'-piandobtainJ . I1 1lu t hvn AM ooM 1ro inclw a Irvw in Jiaumq wl Kh pr a pwsd i iwdt d uan Ayy a a her aavMim/NIJ bc wt og'y ve wnh n YMxryrw vlwn Mr+d wr an lir vR alwil.a arnl M1w(w!^I wi.l iw I w.i'v l wl e.rw 1 O O 1 O 2 3 014.All zbUc kkw i ii 6 1;ICIYII;OpoR,Itfa 4!f I.tar fix wbli ac cee.ui Icr k•a.c:,pa.ih4d Dy ihp p hYc WqFu pt i =TA N F'NT YARD PAV'G CALS: a r i REVISED Slt3 ' CI I Yc)NCUPLR 17N0 nrvaov nnY:" nA1:3 3.a•aS'!'AtiDAItU ULI'All.S c'r w i r v B er I JUN./22/'15 PREUM.DESIGN REVIEW Aug./22/'15 PRELIM.DESICN REVIEW 2 I Sep./11/'15 DESIGN REVIEW 11/11/'15 I DESIGN REVIEW COM ENTS 38 _ 3>> 5 B 4 I / IT— — — r u i o 38'-3 IXI IXI IXI I o I I L I L I I I 15'-0" 9'-6" 13'-9" L di,, d i x' , i PORCH l Z I13'-9" 20'-3' 6'-6" I f/W ° EF. I v'a,lay S P, 4, I I I I I5- I o I° . KIT. * JIIJI o a j i 4-o" NOOK FAMILY RM. I z Q oI3 z w I I J a - i C _ > 0 I I I X - I L— BR. z - < i i y Q i I N ; I a ¢ ¢ Q 'UIDININGR . o Y I i M.BATH I o U 0. v C : I I I 14'-3" v ¢ cD N C I 2 a s 2 a rys wIW I LIVING RM. I ii Iii WH I i i n P I I 4-11" BA. #2 I I o F G A-A I I _4 I A= I. A_A I I 3-3 8 4 4 II uNEN I I I I I I I I N M.C. I BA. # I I PORCH i Z d- i I I I i GARAGE Q i a o _ o o i U' i W BR. 2 I 2ND LOOR 7,-6 O O i Q BR. #3 i I i O ' i N i I 9 i i p o o w., i 9' 6" I BR. #1 i C1, U J I V I 4 20'-6"zz-3 I 4 I a ii S — IIf L R PLANr s ii4 i o• 1 T L R P L A N s ii4•=i--o• M alEca., N a AS NOTED I C 7— /. N 1f 0 10 0 30 r A 2. 0 i m JUN./22/'15 R I 1 n PREl1M.D61GN REVIEW L Aug./22/'15 10 4 6 4 W u n cl e r l i c h D r i PREUM.DESIGN REVIEW 2 Sep./11/'15 DESIGN REVIEW 2 ELEVATI N NOTES 15 Ol ROOF: CONC. TILE ROOF('EAGLE ROOFING'ESR1900-ICC OR APPRO. EQ.) DESIGN REVIEW COM ENTS ACCENT WALL ON (2)30 LB BLDG FELT OVER PLYWOOD SHEATING. @FRONT FACADE O 5" 26 GA. G.I. PROFILE GUTTER ON 2X8 S4S SURFACE FASCIA BOARD o a WITH DOWNSPOUT AT PROPER LOCATIONS(ALL ROOF DRAINS SHALL A , ' 9 <-,. BE DRAINED TO STREET DIRECTLY) 12 12 3' I c``. O DOUBLE GLAZED WINDOWS(TYP.), 2"RECESSED iN 2X6 WALL.3,5 1 5 I CUSTOM SOLID CORE DOORS. C L g r a -` ' xN _ v , ;, w O 3-COAT CEMENT PLASTER IN 17 GA. STUCCO NETIING ON 2 LAYERS t ,; GRADE'D'BLDG PAPER. (WITH 26 GA. G.I. 'Z' FLASHING AT TOP I b F''b `" EDGE OF BLDG PAPER). s `i r I O o O STUCCO SILL OR 1RIM. bi,i,ds ,i.cF€sx.irs.r'r P.evA^" o o v sf + O SCREEN VENT WITH 1/4" WIRED MESH (TYP.) N i I I 9 r,f. N aj 5' a i;'` O WEEP SCREED(TYP.) c' p fi . t M h. zOIIF/ 1Q y ,/ w' ' S• AW I fS ¢ Zr y 'i O CULTURED STONE d w k-=,ol-gf a .5''r ,/ ,<- ,r .p § r''l Jai '`r h x /". ` "^ri'`vrr / ko' r;C P' Y r''` " ` ,,, STUCCO COLUMN i'' ' 1 t FL, 103,50 F<< `; r" .; , > i <,-'"` 5 s Il DIRECT VENT FIREPLACE Note: a An ro osed chaan es to the a roved colors and materials J EX, GRADE 4 9 Y P P PP J N R T H E L E V A T I N e S 1/4•--o• on tn s sub;t Shal be r W a by th c ty of cupert no Planning Division prior to installation/application. o W M z c 10 0 10 0 30 Q U a j ov iz R z°, z a n w , s:.:a5-- y'..,,:,.:W.,_. 51J1 ink'a"'47D R I 3 /' ... ' ' c — V o < v E a 6:;C...t.8E"`"-••---a ' 'i ir'P"i.Tui o I ; .:. o V r :7 C'w4 1..''-------- I I — — — C F S f E i" t', 'w..,.., 1-, fl.i .. . X .F!Vi Q7 G V oC N i L'7iU -_`i. ,.' r `"` y' I Q `_'' '.' F- L-.] 1 , I I 3'^"„ `'\.4 r ... J .. 6 N t f ,`` / 3 1 a 3 , ,., i "`' 15Tt`"4f U E h., , `'!' N _ I _ — — M _ Fi !Y z i ,., , v µTr' IS. 3 t:"` c:_. a f i l I i.2 tV.v.. s'._." f!' f. r !' . Vo^.. y ..,. Y E '.3-V iw:.> 3 . F k L X 7v iGo".Y,.. f St i'v:i6' h' ,_,,,..._....., 7 i` t TY'fi"_ v.' i?"': 01 vC'! aF.T r.rL'i. 0 4'tsG',.C3 r 1: 8----•-- f ;,-;•5' o 3!s',!2-- ., , , 2 tc.1."7 S7"d+.'"a Q CiC..`ya.' Y/r s I ".,"'•, ' i 4k7""J C.AB-?"=_N:'i7i;:'':t3C 3J i f Q sr'';.1°`"" ;.. , ti, P G'a Gi.,4a5LLjrr i J 5, z T P,!t??1`[.1. ETAI. u..:s;,=_ua T'P.JII D t i!F EA[R DET I s:-,_e° S U T H E L E V A T I N s: 1 4•---o• p w YOii d tt,}. it 1 '\ , 1_ Z U QQO i. ` w pE+ p a r--- s. o, s o i w a.0 u.ap---- , I,...., c; aa. oc n f I s;;:_c p e—i r s- cA&I+C,8= i i y:'pc.':it: J:: I a S 1l. AtiT- .-` y-` _ - x, c.: A, =^ i i'\ vv. v r { ,! , MC f ca S ``!\/,1 MC i i t a. iE l _ \„/„' v AS NOTED X r,t, 1 n ecxe AS NOTED t___ ..._..... .. ...... r. n xb KR G 5`, ID STCD(_ sxb W7JD S':..' r---- 1 ixd'RI"9"{= R5 T l CaSEr'L!Y'U' NDCLJ GGSB o A— . 0 E A S T E E/A T I N L UVER D R S 1/4'=1'-p MP, GL. DR, TYP.WINDOW JAMB DETAIL SCALE:3"-"- u" aF a v JUN./24/'1 S 1 1,OL'6K RE,M Auy./22/'1S JY.O a+n l[w Sep, 1) 1S Eyy vi I .i--------------i i—_..----!__. J 6„J T I V n IDHLEAVE 4/12 ny r,, i Iia, I u " 1--------- ------ _, I I I a ELEC. METER j J W E S T E L E/A T I N s v•i--o• I g C. N I I \/ z 0.Q' I i zIa w lJ// I Q .] pp i+a.!r;.... a !`/ V 4F-..........e......,.... I Q I C" ? O t r 4/12 I 0 ° z Q C it f - -........,:.u..V.._... .....__..._... _ 2 I N 6a °° LBA. w ra al {P _..-s Y:-.s . a o X r i N i v < c Ca7 CL ( rv O I I F„ '"" l.su...._,_e... ,,.. a.. ......- V o o ( q I \ Af''•,r:1 I I I T OL i ;, % i i Q r' Vi W I N N 11 a D I I I Il i I LIVING RM. O1 UUND. UTILITY I I I A I I I I 3' CONC. ! CRAWL SPACE r— —___.--.i W sEcTIaN A a 5, ,4.. -_0• I I ; i a i i w • 4/2 I , a j i 0 i iIi y------L- V z Qoo I o r a o W M. BR. W.I.C. CLO BR' 2 I O 00 I 4/12 1 p a V L_J aw wh MC A1C FAMILY RM. DINING RM. E ws No p Raa PLAN AS NOTID N j A-- 4. 0SECTIN '11 SI 1/4 a1—' I i AC ASPHALi CONCREfE e""°'"ER pATELiBwBACKOFMGII( i a CATCH SIDENCECMPCORRUGATEDIAETALPIPE CO CLEAN pUT i CRN CROWN DW DRIVEWAY EC EDGE OF CONCREfE EM ELECTRIC MEfER EP EDGE OF PAVEMENT FcoR FENCE CORNER 18780 TILSON AVENUE FD FOUND jp]TINO,CA FlNISHW FLOOR APN:375-17-036,375-17-037owurN87'39'53"W. 50.30' FlRE HYORM T o.F C'oS' E ti' FW FRONT OF WALK o" p,y, 6> /, - ______ ,__ G GROUND a^ o i oy' o GC G4RACE CORNER o +oti' 6`' , ' o GF G4RAGE fACE T y'` 9'fREE oti' t4 o o I CFC CROUND AT FENC N W E Cp• G ry$ 6 i o JP `°y GM GAS MEfER i g`' ti5 i HCR HANDICAP MMP A•t 0 C 1 A T• r'—--—.__, INV INVERT o s 0 2o I o' 6 P R 1b23M1DDLEFIELDRD#658o otip doirrr PqE ti I c uP ov our pALO AL70, CA 94306 PC PROPERIY CORNERdpu G j o G 6 o/H OVERHEAD TFL; (650,823-6466 h i' + +° ti Rw aEraNn c wu.FAX; (650 887•1294 F ti p N SL STREET UGHT 1p'L oti JACU221 I SSCO SANITARY SEWER CLEANOUf dy SSMH SANITlJ Y SEWER MANHOLE A1 ` '1°' i SDAIH STORM ORNN MANHOLE GD y' p ry T8C TOP 8Aq(ROLIED CURB Oti o 6 TC TOP OF CURB p , G o ry i TQE TOE Of BMIK1I0TPTOPOFPAVEMENT c 1 i G TRC TOP OF ROLLED CURB TW TOP OF WALL U/G UNDERCROUND I DEC WV WAERIED Y PIPE F, ' a I WM WATER METER 80X 1° CN- CABLE TELEVISiON LIN i E- EIECTRICAI IJNE G- G4S LINE I 1 /01 .,o p'L i SS- SANITARY SEIYER LWE LICEN9t?9TAMP3 ATJb S)GNATURFT- ORLEPH ORAM 1 LE1NE W- WATER LNrE 18780 TILSON AVENUE i Q BA OFBEAFWJ(F1YJ I I I EXISTINC MOUSE O ANp SG I O FF y 1 OZ.S5 I i LINE OB F WUNDERL CH DRIVE,AS SHOWN ON w 2• A ' iHAT CERTAIN AIAP FI EO W THE OFFICE OF ' ', I G k THE RECORDER OF SANTA CLARA COUNTY, L I STATE Of GUFORNIA,IN 800K 40 OF M PS I o` 0 G i AT PAGE 30,WAS USED AS THE BASIS OF l L 0?J5 ' I 2 oe 0 U BEARINGS$HOWN ON THIS MAP. J` a j SS ° ryo GL.y9 CAL1F' o, BI S{1T I 1 D° , o }` ry 3 I W I iBN ELEV 100.00(ASSUNED) I I p 1p 10, t o, Qo,O oQ°° j 6 i 199UED I O j ` 1 N 6 m E• No. De orytlon D k I Z O e o },oti O O _ L> ,° i, o UNDERGROUND UT1UTlE5, SHOWN PER l o c` o o ,ti SURFACE EVIDENCE AND RECORD MAPS. f y y1 r w9 MAY BE D FERENT THAN AS$HOWN. F A' a YA W w...x_. _./.....,.-.......r..., ._...._:..,.».,..,_.,. G , 4,'S 4., , 6 101 D o, h ' GO a` ' SERNCE EALERTA( USA)1-e00- 842G- 244 4 D , G O, +1 1 r 1? _ . _ _ AREA = 6,169tSQ.F7. 1... . D iI ,', ;,_ '. l`Q- y•' ls FG 6 a Q 7°j • 6 4G 1p J° p y 1.UfAAJREMENT OF BUILDINC LINE IS 70 Y,dm,..- o ° s t oD q +Go` o'` ,. THE FACE OF STUCCO OR SIDING r cJ;:. O `' S yq F t s j:.t G`ya D e O 22 TREE O IC 8 ZD S P' p Rz26• 0'!'' c,q I 1"•10' o, t• 3 , , co I I D • ° M 5 24'TREE O Mry G k5 I 7 i 1on+ oo D ,, SSCo pG, l0078 I o I CP st eer rm,e, e G(P I 1, E`cQ' OI n"1 1 I N o° eo f-- o, TOPOGRAPHICa. I EE SURVEY Q' 1 r PVM'S I 1 DD.O Q- O i S}iEET N0. I i y O 1 S C.0 December 17, 2015 HMC Associates, LLP Attn: Mike Chen 12280 Saratoga-Sunnyvale Rd #209 Saratoga, C a. 95070 SUBJECT: TWO STORY PERMIT ACTION LETTER – Application s R-2015-38 This letter confirms the decision of the Director of Community Development, given on December 17, 2015; approving a Two-Story Permit (R-2015-38) to allow the construction of a new 2,775 square foot, two-story single family residence located at 18780 Tilson Avenue, with the following conditions: 1. APPROVED PROJECT This approval is based on a plan set entitled, “Patel Residence, 18780 Tilson Ave., Cupertino, Ca. 95014” consisting of six sheets labeled “A-1.0 to A-4.0 and C.0 (a Topographic Survey Map)” except as may be amended by conditions in this resolution. 2. ANNOTATION OF THE CON DITIONS OF APPROVAL The conditions of approval set forth shall be incorporated into and annotated on the building plans. 3. ACCURACY OF THE PROJ ECT PLANS The applicant/property owner is responsible to verify all pertinent property data including but not limited to property boundary locations, building setbacks, property size, building square footage, any relevant easements and/or construction records. Any misrepresentation of any property data may invalidate this approval and may require additional review. 4. PRIVACY PLANTING The final privacy-planting plan shall be reviewed and approved by the Planning Division prior to issuance of building permits. The variety, size, planting distance shall be consistent with the City’s requirements. 5. PRIVACY PROTECTION COVENANT The property owner shall record a covenant on this property to inform future property owners of the privacy protection measures and tree protection requirements consistent with the R -1 Ordinance, for all windows with views into neighboring yards and a sill height that is 5 feet or less from the second story finished floor. The precise language will be subject to approval by the Director of Community Development. Proof of recordation must be submitted to the Community Development Department prior to final occupancy of the residence. OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org Two -Story Permit Action Letter Page 2 R-2015-38 6. LANDSCAPE PROJECT SU BMITTAL: T he applicant shall submit a full landscape project submittal , per sections 490.1, 492.1, and 492.3 of the Department of Water Resources Model Water Efficient Landscape Ordinance, for projects with landscape area more than 500 square feet ; the applicant shall submit either a full landscape project submittal or submit the Prescriptive Compliance Checklist per Appendix D of the Department of Water Resources Model Water Efficient Landscape Ordinance for projects with landscape area more than 500 square feet and less than 2,500 square feet . The Landscape Documentation Package or Prescriptive Compliance Checklist shall be reviewed and approved to the satisfaction of the Director of Community Developmen t prior to issuance of building permits. 7. CONSULTATION WITH OTHER DEPARTMENTS The applicant is responsible to consult with other departments and/or agencies with regard to the proposed project for additional conditions and requirements. Any misrepresentati on of any submitted data may invalidate an approval by the Community Development Department. 8. EXTERIOR BUILDING MATERIALS/TREATMENTS Final building exterior treatment plan (including but not limited to details on exterior color, material, architectural treatments and/or embellishments) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. The final building exterior plan shall closely resemble the details shown on the original approved plans. Any ex terior changes determined to be substantial by the Director of Community Development shall require a minor modification approval with neighborhood input. 9. INDEMNIFICATION Except as otherwise prohibited by law, the applicant shall indemnify and hold harmless the City, its City Council, and its officers, employees and agents (collectively, the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against one or more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the project, including (without limitation) reimbursing the City its actual attorneys’ fees and costs incurred in defense of the litigation. The applicant shall pay such attorneys’ fees and costs within 30 days following receipt of invoices from City. Such attorneys’ fees and costs shall include amounts paid to counsel not otherwise employed as City staff and shall include City Attorney time and overhead costs and other City staff overhead costs and any costs directly related to the litigation reasonably incurred by City. 10. NOTICE OF FEES, DEDICATIONS, RESERVATIONS OR OTHER EXACTIONS The Conditions of Project Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), h as begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. Please note that if this permit is not vested within a year, it shall expire on December 17, 2016. Two -Story Permit Action Letter Page 3 R-2015-38 Staff received comments from three adjacent neighbors during the comment period identifying concerns related to the potential privacy impacts of the second-story windows on the norther n , southern and western elevation. To resolve the concerns, staff reviewed the plan sets with one neighbor by clarifying that the windows affecting their property are measured at 5’ from finished floor and would not require privacy plantings and the property owners of 18780 Tilson Avenue personally addressed the other two neighbors by proposing to add wall accents to the two front second story windows and to reduce the sizes of the two rear second story windows. The architect modified the plan set to include wall accents to the two front second story windows to give the windows a recessed look to the satisfaction of the affected neighbor. Since these wall accents are architectural features, these accent additions did not affect the floor area calculation. Additionally, the architect reduced the bathroom window to 2’10” x 5’ and increased the sill height from finished floor to 5’. Due to building code regulations governing emergency egress, the bedroom window could not be reduced in size. All privacy plantings will still b e in place for all windows with sill heights below 5’ from finished floor . Staff has made all the findings that are required for approval of a Two -Story Permit as required and no additional conditions were placed as a condition for appro val by Cupertino's Municipal Code, Cha pter 19.28.140 (B). 1. The project is consistent with the Cupertino General Plan, any applicable specific plans, zoning ordinances and the purposes of this title. The proposed project is consistent with the General Plan as the project is within the Low Density land use area. There are no applicable specific plans that affect the project. The project has been found to be consistent with the requirements of Cupertino Municipal Code Chapter 19.28 Single Family (R-1) Residential. 2. The granting of the permit will not result in a condition that is detrimental or injurious to property improvements in the vicinity, and will not be detrimental to the public health, safety or welfare. The granting of the permit will not result in a condition that is detrimental or inju rious to property improvements in the vicinity, and will not be detrimental to the public health, safety or welfare as the projects is located within the R1 -5 (Single Family Residential) zoning district, and will be compatible with the surrounding uses of the neighborhood. 3. The proposed project is harmonious in scale and design with the general neighborhood. The proposed project is located in a residential area consisting of single family homes. The proposed project maintains the single family home scale found compatible with the general neighborhood. 4. Adverse visual impacts on adjoining properties have been reasonably mitigated. Any potential adverse impacts on adjoining properties have been reasonably mitigated through the privacy protection plantings a nd installation of a front -yard tree as required. Also, please note that an appeal of this decision can be made within 14 calendar days from the date of this letter. If this happens, you will be notified of a public hearing, which will be scheduled befo re the Planning Commission. Two -Story Permit Action Letter Page 4 R-2015-38 Sincerely, Sarah Filipe Assistant Planner City of Cupertino Enclosures: Approved Plan Set CC: Urja Patel, 18780 Tilson Ave , Cupertino Ca 95014 Megan Sun, 18785 Tilson Ave, Cupertino Ca 95014 Samit Pal, 10 464 Wunderlich Dr, Cupertino Ca 95014 Biren Shah, 18781 Barnhart Ave, Cupertino Ca 95014 1 Sarah Filipe From:chang kim <24hrdrainpro@gmail.com> Sent:Monday, February 01, 2016 9:32 PM To:Piu Ghosh Cc:Sarah Filipe; 24hrdrainpro@gmail.com Subject:18781 Tilson Ave -- appeal - huge windows Hi Piu, My name is Steve Kim and I live on 18771 Barnhart Ave. Our neighbor, Urja Patel & Ajay, who live on 18781 Tilson Ave came to our house and explained to us that their "plum tree is dying & they want to cut it and all the neighbor has signed the waiver" and ask us to sign the waiver too. My wife signed the waver paper based on their words and being a good neighbor. But purposely they didn't mention anything about the window sizes of second story building they are planning to build and hence they got our signature based on false information. We have privacy concerns IF they are planning to have huge windows. We have seen their two story building plan and we would like to appeal the decision because their Master Bedroom window size is huge (8 feet x 4 feet 6 inches) and THEY MUST REDUCE THE SIZE of the window to resolve our privacy concerns. We would like planning commission to consider this concern during the appeal process and public hearing which is scheduled on 9th Feb. We will try our best to attend the meeting in person but if we can not for any reason, we would like to make sure these concerns are considered and our neighbor, Urja Patel, reduces the size of master bedroom window to address our privacy concerns. Thanks, Steve Subject: Report of the Community Development Director Planning Commission Agenda Date:Tuesday, February 9, 2016 Water Efficiency Landscaping Ordinance (WELO): PerGovernor Brown’s Drought Executive Order (EO B-29-15), the Department of Water Resources (DWR) updated the State’s Model Water Efficient Landscape Ordinance (MWELO) which included revisions such as lowering the threshold size for landscapes subject to the ordinance from 2,500 sq. ft. to 500 sq. ft. and specifying other landscape and irrigation design standards to promote efficient landscaping. Local agencies haduntil December 1, 2015 to adopt a local ordinance or default to the State’s MWELO.Agencies, that work together to develop a Regional Ordinance,have until February 1, 2016 to adopt an updated ordinance.ARegional Ordinance was not prepared in the Santa Clara County this time around. Bay Area Water Supply & Conservation Agency (BAWSCA), however, distributed their draft in early December. Due to the reduced timeline available for development and adoption of a local ordinance, the City defaultedto the State’s MWELO on December 1, 2015. Upon reviewofthe draft distributed by BAWSCA, a local draft Landscape Ordinance has been prepared and is available online at: www.cupertino.org/savewater. In addition, communityengagement has been conducted at a community meeting on February 1, 2016. Outreach was conducted on various social media platforms, Cupertino Radio and Television, Cupertino Scene and the City’s website. Five people attended the community meeting and were interested in the resources available for improving/installing drought tolerant landscaping.The updated ordinance will be presented to the City Council tentatively onMarch 1, 2016. GPA Authorization Application Process: The Council adopted policies on processing applications that propose General Plan Amendments in September 2015. On February 2, 2016, the City Council reviewed the2016 First Cycle applications that had been received by the November 16, 2015 deadline. The two applications received were for a new hotel at the Goodyear Tire site(10931 N. De Anza Blvd.)and a mixed use development with office, commercial, hotel and retail uses at the OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org 2 Oaks Shopping Center (21255-21755 Stevens Creek Blvd.)The City Council denied authorization of both the applications. Both applicants may revise their project and resubmit by the deadline for the 2016 Second Cycle in (tentatively) May 2016. Marijuana Cultivation & Dispensary Ordinance: On February 2, 2016, The City Council conducted the second reading and enacted Ordinance #16-2140: “An Ordinance Of The City Council Of The City Of Cupertino Amending Section 19.08.030 And Adding Chapter 19.98 Of Title19 Of The Cupertino Municipal Code Regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, And Medical Marijuana Deliveries”. This Ordinance prohibits the cultivation, delivery and dispensing of medical marijuana in most cases.The Ordinance will go into effect on March 3, 2016.